Amend Floor Amendment No. 1 to CSSB 5 (senate committee printing) by adding the following appropriately numbered SECTION and renumbering the existing SECTIONs accordingly:
SECTION ____. HUMAN SEXUALITY INSTRUCTION. Section 28.004, Education Code, is amended by amending Subsections (i) and adding Subsection (n) to read as follows:
(i) Before each school year, a school district shall provide written notice to a parent of each student enrolled in the district of the board of trustees' decision regarding whether the district will provide human sexuality instruction to district students. If instruction will be provided, the notice must include:
(1) a summary of the basic content of the district's human sexuality instruction to be provided to the student, including a statement informing the parent that the instruction is required by [of the instructional requirements under] state law to:
(A) present abstinence from sexual activity as the preferred choice of behavior in relationship to all sexual activity for unmarried persons of school age; and
(B) devote more attention to abstinence from sexual activity than to any other behavior;
(2) a statement of whether the instruction is considered by the district to be abstinence-only instruction or comprehensive instruction, including an explanation of the difference between those types of instruction and a specific statement regarding whether the student will receive information on contraception and condom use;
(3) [(2)] a statement of the parent's right to:
(A) review curriculum materials as provided by Subsection (j); and
(B) remove the student from any part of the district's human sexuality instruction without subjecting the student to any disciplinary action, academic penalty, or other sanction imposed by the district or the student's school; and
(4) [(3)] information describing the opportunities
for parental involvement in the development of the curriculum to be used in human sexuality instruction, including information regarding the local school health advisory council established under Subsection (a).
(n) In this section:
(1) "Abstinence-only instruction" means instruction that does not include information about preventing pregnancy, sexually transmitted diseases, infection with human immunodeficiency virus, or acquired immune deficiency syndrome through any means other than total abstinence from sexual activity.
(2) "Evidence-based" means information verified or supported by research that is:
(A) conducted in compliance with accepted scientific methods;
(B) published in peer-reviewed journals, if appropriate;
(C) recognized as medically accurate, objective, and complete by mainstream professional organizations and agencies with expertise in the relevant field, including the federal Centers for Disease Control and Prevention and the United States Department of Health and Human Services; and
(D) proven through rigorous, scientific evaluation to achieve positive outcomes on measures of sexual risk behavior or its health consequences.